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A 6-member Appellate Division Bench led by Chief Justice M Mozammel Hossain passed the order on Tuesday morning.
The court also dismissed the High Court verdict which upheld the death penalty of fugitive Risaldar Muslemuddin and life imprisonment of seven others and acquitted two others who were earlier handed capital punishment.
On October 20, 2004, during the times of subsequent BNP rule, the lower court sentenced three fugitives to death and 12 to life-term imprisonment.
The High Court, in August 2008, upheld only the death penalty of fugitive Risaldar Muslemuddin and life imprisonment of seven others; it acquitted two others who were earlier handed capital punishment for the gruesome 1975 jail massacre.
The High Court also acquitted four others sentenced to life imprisonment earlier by the trial court in 2004, while most of them were tried in absentia as they were absconding.
The acquitted army officers and personnel were Lt Col (dismissed) Syed Farooq-ur Rahman, Lt Col (retd) Sultan Shahriar Rashid Khan, Maj (retd) AKM Mohiuddin Ahmed, Major (retd) Bazlul Huda, Dafadar (dismissed) Marfat Ali and Dafadar (dismissed) Abdul Hashem Mridha.
The attorney general’s office filed five leave-to-appeal petitions with the apex court on September 14, 2009 against the acquittals.
On January 11 in 2011, the Supreme Court permitted the government to file appeal against the High Court verdict and summoned two acquitted fugitives to surrender.
On November 1 in 2012, the government submitted a ‘concise statement’ before the Appellate Division for appeal hearing of the Jail Killing Case.
The statement challenged a High Court verdict that had acquitted several suspects including four ex-army personnel of charges of the gruesome 1975 jail carnage.
Later, on April 17 this year, a 6-member Appellate Division Bench led by Chief Justice M Mozammel Hossain fixed the date after concluding hearing on the appeal.
Marfat Ali and Abul Hashem have been on the run for long while nobody knows the whereabouts of condemned convict Risaldar Muslehuddin.
Farooq, Shahriar, Mohiuddin and Bazlul Huda were executed on January 27, 2010 following their conviction and death sentence pronounced by the SC in the Bangabandhu murder case.
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